Order XLI Rule 23A CPC | Re-Trial Necessary When Crucial Parties Impleaded In Appeal: Telangana High Court Cannot Freeze Entire Bank Account For Small Disputed Sums: Rajasthan High Court Issues Comprehensive Guidelines Against Indiscriminate Account Freezes In Cyber Crime Probes 187(3) BNSS | No Extension Of Investigation Time Without Notice To Accused: Punjab & Haryana High Court Grants Default Bail In NDPS Case Road Widening Under Master Plan Cannot Be Stalled For Formal Land Acquisition, Section 305 Permits Direct Removal Of Encroachments: Madhya Pradesh High Court P&H High Court Quashes Preventive Detention Over 45-Day Delay In Informing Detenu Of Right To Represent 'Sole Allegation Of Torture Cannot Stand Alone': Andhra Pradesh High Court Acquits Husband Under Section 498A IPC After Dowry Demand Disproved Seeking Corroboration To Victim's Testimony Amounts To Adding Insult To Injury: Bombay High Court Upholds Rape Conviction Offences Of Cheating & Criminal Breach Of Trust Cannot Coexist On Same Facts: Calcutta High Court Quashes FIR Over Commercial Contract Dispute "Accident Alone Is Not Proof": Delhi High Court Acquits Bus Driver In 2003 Road Fatality Case, Rules Mere Speeding Or Collision Insufficient For Section 304A IPC Mandate Of Regulations Must Be Read Into Public Notices: Kerala High Court Reverses Order Directing NMC To Reopen Portal For Medical College's PG Seat Hike Unproven 1946 Oral Sale And Subsequent School Gift Cannot Convey Valid Title Over Tribal Land: Orissa High Court Orders Compensation After 80 Years ED Can Probe Money Laundering In J&K Corruption Cases: J&K High Court Rules S. 5(1)(d) J&K PC Act Corresponds To Amended S. 7 Of Central PC Act Not Mere Lip Service: Supreme Court Quashes GST Notice Under Section 74 Lacking Foundational Facts Of Fraud Or Suppression Selling Manufactured Goods At Factory Premises Doesn't Turn 'Industrial' Land Into 'Commercial' For Stamp Duty: Supreme Court Supreme Court Orders All States To Form Dedicated SITs To Probe Fake Motor Accident Claims, Warns Insurance Top Brass Against Selective Referrals Port Trusts Not Immune From Customs Duty On Pilfered Goods: Supreme Court Upholds Notification Declaring Mumbai Port Trust As Custodian Under Section 45

Insistence on OBC-NCL Certificate Within Arbitrary Timeframe is Unconstitutional - Delhi High Court Sets Aside AIIMS' Admission Cancellation

07 May 2024 8:19 AM

By: Admin


In a landmark judgment, the Delhi High Court set aside the cancellation of admission of an OBC-NCL category candidate by the All India Institute of Medical Sciences (AIIMS) due to late submission of the OBC-NCL certificate. Hon'ble Mr. Justice Purushaindra Kumar Kaurav, presiding over the case, declared that the timeframe stipulated by AIIMS for the submission of OBC-NCL certificates was arbitrary and unconstitutional.

The petitioner, Ravi Kumar, had his candidature cancelled by AIIMS for a postgraduate medical course. The reason cited was his failure to submit the OBC-NCL certificate within the timeframe stipulated in the AIIMS prospectus. Represented by Mr. Amitesh Kumar, Ms. Priti Kumari, and Mr. Mrinal Kishor, the petitioner challenged this cancellation, arguing it lacked a rational nexus with the objective of reservation.

Justice Kaurav, in his ruling, noted, "The insistence by the respondent on the submission of the OBC-NCL certificate issued during the given cut-off date, is arbitrary and has no rational nexus with the object of reservation." He further emphasized the distinction between technical/academic qualifications and the OBC-NCL certificate, stating that the latter merely confirms an existing fact and should not nullify a candidate’s fundamental right to fair consideration under the reservation policy.

The court's decision underlines the importance of ensuring fair and rational criteria in the implementation of reservation policies. It highlights that administrative procedures should not become hurdles in realizing constitutional promises of equality and affirmative action.

The court directed AIIMS to accept the petitioner's fresh OBC-NCL certificate, dated 23.11.2023, and confirmed his admission which was previously granted under an interim order.

Date of Decision: 2nd February 2024

Ravi Kumar  VS All India Institute Of Medical Sciences 

Latest Legal News